Bombay High Court

KESARBAI SHAMSING GIRASE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The appeals are partly allowed; compensation is fixed at Rs.2,00,000 per hectare for non‑irrigated land and Rs.1,00,000 per hectare for barren land, with statutory benefits granted except for interest for one year.

Summary

The appellants challenged the awards of the Civil Judge, Senior Division, Dhule, concerning land acquired from villages in Shindkheda Taluka for the Wadi‑Shevadi medium project. They argued that the controversy was identical to that decided in earlier appeals (First Appeal No.723 of 2017 and First Appeal No.2799 of 2011) and should be resolved on the same basis. The court accepted the parties' concession that the matters were the same and referred to the earlier orders. Accordingly, the court partly allowed the appeals, modifying the compensation to Rs.2,00,000 per hectare for non‑irrigated land and Rs.1,00,000 per hectare for barren land, while excluding any interest for one year and confirming the remaining portions of the original awards. The court also ordered payment of statutory benefits except for the excluded interest period and directed that court fees be paid before disbursement.

Issues considered

What is the appropriate compensation rate for the acquired lands in light of the earlier judgments?
Are the claimants entitled to interest and other statutory benefits for the period of one year?
Should the present appeals be decided in conformity with the earlier orders in First Appeal No.723 of 2017 and First Appeal No.2799 of 2011?

Legislation cited

Land Acquisition Act, 1894

Subjects

land acquisition
compensation
solatium
interest
appellate jurisdiction
public purpose

Judgment

2026:BHC-AUG:38283
910-APEAL-3493-2015.odt
1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

910 FIRST APPEAL NO. 3493 OF 2015

Kiransing Govindsing Girase
VERSUS
The State Of Maharashtra And Others

AND
FIRST APPEAL NO. 883 OF 2017

Kesarbai Shamsing Girase And Others
VERSUS
The State Of Maharashtra And Others

……
Mr. Mehul P. Kulkarni, Advocate h/f Mr. C.R. Deshpande, Advocate for
Appellants-Claimants
Mr. A.D. Pawar, Advocate for Respondent No.2-Acquiring Body
Mr. S.N. Morampalle, AGP for Respondents No.1 and 3
……

CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 21 AUGUST, 2026
PER COURT :

1. Heard the learned counsel for the respective parties.

2. The present appeals arise out of the common impugned Judgments

and Awards dated 30.10.2012 passed by the learned Civil Judge, Senior

Division, Dhule in Land Acquisition Reference Nos.24 of 2011 and 30 of

2011.

3. The learned counsel for the appellants has tendered across the Bar a

copy of the order dated 13.07.2026 passed by this Court in First Appeal

No.723 of 2017 and connected matters, wherein reliance has been placed
910-APEAL-3493-2015.odt
2

upon the order passed by the Coordinate Bench of this Court in First Appeal

No.2799 of 2011 and connected matters.

4. It is submitted that the lands of the appellants were acquired from

the same villages, namely, Satare, Deogaon, Devi and Rewadi, Taluka

Shindkheda, District Dhule, for the same public purpose, namely, Medium

Project, Wadi-Shevadi, and under the very same notification as involved in

the aforesaid appeals. It is, therefore, submitted that the controversy

involved in the present appeals is squarely covered by the orders dated

13.07.2026 passed in First Appeal No.723 of 2017 and connected matters

and dated 03.02.2026 passed in First Appeal No.2799 of 2011 and

connected matters. The present appeals, therefore, deserve to be disposed of

in terms thereof.

5. The learned A.G.P. as well as the learned counsel appearing for the

acquiring body fairly concede the aforesaid position.

6. Having considered the submissions advanced by the learned counsel

for the respective parties, and in view of the admitted position that the

controversy involved in the present appeals is identical to the controversy

decided by this Court in First Appeal No.723 of 2017 and connected matters

by order dated 13.07.2026 and by the Coordinate Bench in First Appeal

No.2799 of 2011 and connected matters by order dated 03.02.2026, I see no

reason to take a different view.
910-APEAL-3493-2015.odt
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7. The present appeals, therefore, deserve to be disposed of in terms of

the aforesaid orders. Hence, the following order:

ORDER

I. The First Appeals are partly allowed.

II. The impugned Judgments and Awards are partly set aside and

modified as under:

a) The claimants shall be entitled to compensation at the
rate of Rs.2,00,000/- per hectare for non-irrigated lands and
Rs.1,00,000/- per hectare for potkharab/barren/uncultivable
lands, after excluding the amount of compensation already
received by the claimants.

b) The claimants shall also be entitled to the statutory
benefits, including solatium, interest and other components, as
admissible under the provisions of the Land Acquisition Act,
1894, excluding the period of one year.

c) The claimants shall not be entitled to interest on the
enhanced amount of compensation for a period of one year.

d) The remaining part of the impugned Judgments and
Awards shall stand confirmed.

e) The Award be drawn up accordingly.
910-APEAL-3493-2015.odt
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III. The claimants shall not be entitled to interest or any other statutory

benefits for the aforesaid period of one year.

IV. In case the requisite Court fees have not been paid, the enhanced

amount of compensation shall be paid to the claimants/appellants upon

payment of the requisite Court fees.

V. Pending Civil Applications, if any, stand disposed of.

VI. The Record and Proceedings be sent back to the concerned Court.

[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane

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